'Truth in sentencing' is far-reaching new law

SANTA FE {AP} One of the most far-reaching new laws taking effect in New Mexico goes by the politically attractive name of "truth in sentencing."

The bottom line is that criminals convicted of violent crimes after July 1 will spend more time in prison.

The new law will eliminate for some prisoners the current "good time" policy that allows the release of inmates after they've served half their sentences. Criminals convicted of violent crimes ranging from second-degree murder to drive-by shootings will be required to serve at least 85 percent of their sentences.

But the new law is not exclusively a lock-them-up and throw-away-the-key approach to corrections.

Currently, prisoners receive credits toward early release for good behavior one day off their sentences for every day served in prison without disciplinary problems.

Under the new system, however, inmates must earn the early release credits "meritorious deductions" by participating in programs such as work, vocational education or drug and alcohol abuse treatment.

"The intent was basically to do something positive in the criminal justice arena so that prisoners who came out were less likely to offend because they participated in programs and earned their time," District Judge W. John Brennan, of Albuquerque, said when the measure was signed by the governor.

Brennan helped develop the bill as a member of the New Mexico Criminal and Juvenile Justice Coordinating Council, a study group that includes judges, prosecutors and others with a background in criminal justice.

Politically, the new law does allow elected officials to project a tough-on-crime philosophy.

"To help reduce crime in New Mexico, we need this law that will keep violent predators off our streets and locked up behind bars for a longer time," Johnson said in April when he signed the legislation into law.

Under the new law, inmates convicted of 13 violent crimes would be required to serve 85 percent of their sentences before becoming eligible for parole. That would allow those inmates to earn no more than four days of "earned time" for every 30 days served.

For 13 other crimes, such as vehicular homicide and involuntary manslaughter, judges will decide whether a criminal would be subject to the restrictive "earned time" standards.